Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An entity commits an offence if:
(a) the entity carries on a business under a name; and
(b) the name is not registered to the entity as a business name on the Business Names Register.
(2) Subsection (1) does not apply if:
(a) the entity is an individual and the name is the individual's name; or
(b) the entity is a corporation and the name is the corporation's name; or
(c) the entity is a partnership and the name consists of all of the partners' names; or
(d) the name is registered to the entity on a notified State/Territory register; or
(e) an Act of the Commonwealth, a referring/adopting State or an affected Territory, or an instrument made under such an Act, specifies the name as the name of the entity; or
(f) the entity is a government body; or
(g) the entity is a notified successor in relation to the name; or
(h) other circumstances prescribed by the regulations for the purposes of this paragraph apply.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code .
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .